Askival, Mike Nestor, Malcolm Ward and Paul Hutchinson Simpson: A Risk to Clients and the Public Interest?

Paul Simpson will need more than a crash helmet to save him this time. Picture irrevocably licensed by Paul Simpson from his Flickr under CC-BY-2.0.

Paul Simpson, of “Plane Crash” Homes for Lambeth, is now actually trying to sell his services in consultancy! Picture kindly and irrevocably licensed by Paul Simpson from his Flickr under CC-BY-2.0. Edit: In an attempt at rebranding, Paul is now going by Paul Hutchinson Simpson.

Largely unregulated, management consultancies can provided a useful service but it is very much a case of caveat emptor (‘buyer beware’). The dubious decision by Askival, a housing and project management consultancy, to take on Paul Simpson (now rebranded as Paul Hutchinson Simpson) of the very publicly failed and abolished property development company Homes for Lambeth, demonstrates just how important that can be. The move raises questions about the judgement and competence of CEO Mike Nestor and Managing Director Malcolm Ward. Meanwhile, consultancy Newman Francis, which seems more capable (or at least possessing a greater facility for self-preservation), has begun an investigation after a media inquiry from MHN.

MHN covered the Homes for Lambeth disaster last year. The full article is here. In short, Lambeth council tried its hand at property development by setting up a property development company. That company failed, squandering around £25 million of public money and only starting (starting – not delivering) 65 houses in 5 years. At the same time the company was criticised for waste, luxury and profligacy at the expense of taxpayers – for example spending just under one million pounds on upmarket WeWork offices in Waterloo when the council that wholly owned the company had empty, but less luxurious, buildings in Vauxhall.

The story is a scandal in its own right. Many vulnerable, impoverished residents of Lambeth live in undown, unpleasant, even unsafe residences. Money which could have improved their lives was squandered on the white elephant project.

My personal interest was piqued, however, because I knew one of the key figures in the failure. Paul Hutchinson Simpson (formerly known as Paul Simpson) was a former Labour Party staffer I had the misfortune to work with nearly twenty years ago. I was not impressed then and so I was unsurprised to be able to draw a clear line between many of the failures identified in the Kerslake review, which led to the decision to close the firm, and functions that Simpson personally boasted responsibility for.

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The Tragedy of ex-Labour Communications Staffer Paul Simpson and the Homes for Lambeth “Plane Crash”

Paul Simpson will need more than a crash helmet to save him this time. Picture irrevocably licensed by Paul Simpson from his Flickr under CC-BY-2.0.

Paul Simpson, of “Plane Crash” Homes for Lambeth, will need more than a crash helmet to save him this time. Picture kindly and irrevocably licensed by Paul Simpson from his Flickr under CC-BY-2.0. Edit: In an attempt at rebranding, Paul is now going by Paul Hutchinson Simpson.

Lambeth is one of the most deprived Boroughs in London, having many vulnerable residents with housing needs including over 400 homeless people. Unfortunately, a flagship scheme intended to solve the crisis, council-owned property developer Homes for Lambeth (HfL), has failed catastrophically according to a review by independent peer Lord Kerslake, a former head of the Home Civil Service, the recommendations from which have been accepted by the council at its Cabinet meeting of 5 December 2022. In the five years since 2017, the company has only begun the construction of 65 homes – a mere 13 a year. Whilst Kerslake did not single out any member of staff he did criticise the HfL’s relationships with the council and communications with the public.

The Witchfinder was amused but also dismayed to discover that his former Labour Party colleague Paul Simpson has been responsible for some of the areas criticised for years, the report only cementing your author’s opinion, formed nearly two decades ago, that Simpson is a serious brand risk, who should not work in management or sensitive roles. There have been general concerns raised about Labour cronyism in the Borough and the governance and spending controls of Lambeth Borough over HfL. The case raises questions about whether appointees to HfL had appropriate qualifications, experience and performance history and whether proper recruitment processes were followed. Casual investigation found further matters, expanded upon below, that underline Simpson’s failures as a communications professional and also child protection issues, around the manner in which he has distributed pictures of his own child online. After careful consideration, I feel there is a compelling public interest in writing about this.

Have you ever had a work colleague, who is particularly difficult and unpleasant to work with, only to experience the frustration that management do not agree? The sort of person who will boast like a contestant on the Apprentice, only to deliver disaster? The sort of person who at a widget company will endlessly extol their widget-making and strategic widget management prowess. Then when their latest model of widget turns out to catastrophically flawed,  a … “plane crash” … as it were and has to be withdrawn from sale, when they can no longer avoid accountability, they will turn on a dime and deny it was anything to do with them! It is not an uncommon experience, whether in corporations or, for example, local government. It is an experience I have shared.

The Short Version
This article, I am afraid, is a deep dive. It is intended for journalists doing background research into the Homes for Lambeth Scandal, HR Departments doing employment due diligence and Lambeth residents / activists. It is necessary to refer with precision to a number of documents and quote from them. However, the super-short easy read summary of what is set out below is this:

Paul Simpson is a ‘communications’ ‘professional’ and former Labour Party staffer. He got jobs at Lambeth and in HfL. There have been concerns raised about Labour cronyism in the Borough. It is not clear from Simpson’s CV as set out on his LinkedIn account that he was fully qualified for the role with which he entered HfL. When I asked what qualifications Paul had for one part of a job he got, he ignored me and HfL replied point blank refusing to answer, leading me to the inference there was no justification to give. In his role at HfL Paul boasted of being in charge of lots of things, many things which the Kerslake review said went wrong. It is to be inferred he had some responsibility for the failures, even if not all of it. When I put questions to HfL, the response which must have been authorised by Paul was dishonest and clumsily attempted to bully by threatening defamation proceedings could be issued by HfL (which is undermined by the fact it is being wound up and the threat was made by an HR officer).

I had similar experiences when I worked with Paul in 2004 to 2005 at the Labour Party and there were similarly bad outcomes for his project – the seat whose election he was responsible for was the only one in Enfield which was lost in the 2005 General Election. Because of his behaviour, I am worried that Paul could really harm some people if he had seniority over them in any role whatsoever. I discovered that Paul’s online presence was shoddy contrary to his own doctrines. He had inappropriately distributed pictures of his child (albeit, I stress, legal images) and those images had been harvested and archived over a period of years by third parties, likely without his knowledge.

I feel morally obliged to raise these concerns in emphatic terms to make them available to anyone else who feels aggrieved and to help organisations which might otherwise employ or engage Paul Simpson to protect themselves. My article will be available as to anyone he has worked with, or works with in future, who feels aggrieved and if anyone chooses to sue Paul or an organisation in relation to Paul, is admissible in court or in the employment tribunal under s1 (1) Civil Evidence Act 1995.

A media inquiry containing the central allegations of this article was sent to HfL, Simpson and other interested parties on 16 January 2023. A near final draft of this article, including an earlier draft of this summary, was put on 24 January 2023. No denial nor objection was received from Simpson nor HfL by the deadline, save as below and that a more junior member of staff asked not to be named (to which I agreed). There was an offer of extension of time for persons named in the article to take legal advice, which was not taken up.

Now to the detail:
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Homes for Lambeth, Paul Simpson, Jennifer Opare-Aryee and the Impossible Defamation Claim

Not so long ago your author sent a media inquiry to Lambeth council about a member of staff at the Homes for Lambeth project. Homes for Lambeth (‘HfL’) is a company owned by Lambeth Borough Council that was intended to produce social housing to meet the needs of that deprived area. According to an independent review by Lord Kerslake, commissioned by the Borough, it has failed spectacularly, only starting 65 homes in the five years since it was commenced. That is ‘started’ not ‘built’, let alone ‘occupied’. The Borough council has accepted the review and intends to wind up the company by April, bringing it in-house. HfL responded to the MHN inquiry via interim HR Director Jennifer Opare-Aryee making a literally impossible libel claim.

HfL threat of defamation on behalf of the body corporate. Can a private company scheduled for winding up suffer serious harm to its reputation, financially or otherwise, within the meaning of s1 Defamation Act 2013?

HfL threat of defamation on behalf of the body corporate. Can a private company scheduled for winding up suffer serious harm to its reputation, financially or otherwise, within the meaning of s1 Defamation Act 2013?

Before I write critical articles I send a media inquiry to affected parties inviting comment. Such inquiries, even if horribly mistaken, are usually privileged even if the resulting articles are not. In this case, contemplating an article about HfL staffer Paul Simpson I sent an inquiry to HfL. The precise matters of concern are not yet relevant. Sometimes there is a good explanation, and an inquiry is not followed by an article at all. In this case I may still have something to write in due course, but I am still in the process of verifying matters.

One point that was quite obvious from the response however, was an express threat that if I made defamatory comments regarding HfL itself, the body corporate, I would be sued for defamation – HfL would take legal action. This threat was wholly improper, for a very simple reason. No such claim could ever be properly advanced. Paul Simpson might well be able, at least theoretically, to claim against me for an actual or proposed article.

However, a proper claim in defamation by HfL as a body is literally impossible. To bring a claim in defamation, a claimant must show serious harm per s1 Defamation Act 2013. Further, “harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss”. Even if I made up something truly heinous and false, for example I accused some HfL executive of trying to reduce homelessness in Lambeth by secretly kidnapping babies born to poor parents in the Borough and making, ‘chicken’ McNuggets out of them to sell as street food, it is difficult to see how a company scheduled for abolition could allege serious harm, financial or otherwise. The imaginary executive could easily allege serious harm of course – I imagine proving the made-up Baby McNuggets claim would be a tall order – but the body corporate could not.

Furthermore, when HfL is brought in house, it still will not be able to sue as a body corporate because of the case of Derbyshire County Council v Times Newspapers Ltd [1993] 1 All ER 1011. Councils cannot sue in libel. Local authorities are also prohibited from indemnifying staff to bring libel claims. That is, if you work for a council, the council is allowed to pay your legal costs of defending a claim, but not bringing one per the The Local Authorities (Indemnities for Members and Officers) Order 2004. In the only case where a local government officer did this, it was the Chief Executive of Carmathenshire County Council, Mark James. This let to a police probe after the payments were ruled unlawful, although Mr James was not prosecuted.

Of course, Mark James was suing an impecunious and defenceless woman. This blogger went to law school and can and will successfully defend libel claims such as Esther Baker’s failed counter-claim in Smith v Baker. Your author obtained a distinction on his civil litigation exam and can write a defence or strike-out application and have it uploaded to the King’s Bench literally within hours, incurring no costs for the drafting at all.

So whilst Mr Simpson might in theory be able to bring a claim, he would be funding it himself, perhaps via a Trade Union or legal insurance. The council and HfL could neither fund him nor take action on their own behalf. One is prohibited by law, one is in the process of being shutdown and brought back in-house. Which leaves us with naked impropriety in relation to the threat to take action on behalf of HfL. It is a sinister and inept silencing attempt made by a woman who does not seem, from her LinkedIn profile, to be legally qualified. Given the response with the threat was meant to benefit HfL and Mr Simpson, it is difficult to see it being sent without Mr Simpson’s consent.

In light of the content of Ms Opare-Aryee’s letter, I have formed an adverse opinion and am left with grave reservations about Paul Simpson’s suitability and that of Jennifer Opare-Aryee for public service. It would be a concern if they were to remain with HfL when it is taken in house.

[An early draft of this article was put to the subjects Paul Simpson and Jennifer Opare-Aryee before publication. No denial was received, nor denial that Simpson approved of the letter. No request for an extension of time was received. No explanation of how I could cause serious harm to the reputation of a company being shut down by its owner for failure – let alone financial harm – was offered]

Edit 06/03/2024: In an attempt at rebranding, Paul is now going by Paul Hutchinson Simpson. Category added for clarity.

[Edited by MHN 20 November 2024 to remove information relating to third parties]

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